By: Sardar Ilyas
MUZAFFARABAD, May 21: The Chief Justice of Pakistan Justice Anwar Zaheer Jamali has said that the country could be put on the track of progress and prosperity by rooting out corruption and incompetency. He was addressing the Judicial Conference 2016 held here on the other day.
The CJ observed that “the process of change of attitude and self accountability was indispensable for setting up a good governance. Restoration of peace was impossible without a coherent judicial system in the country”. He noted that reason of pending of 60% cases in Pakistan was because of incompetency of institutions, negative thinking of officials and corruption while 20% cases are delayed due to dishonesty, egoism and trend of filing case for case.
He was of the view that justice system could be improved by the use of modern technology and benefitting from the experience of other countries. He observed that the obligations of bar were enormous as it was an important part of judicial system.
The CJ of Pakistan urged the judges to display a positive attitude with the parties of the cases during the hearings. An effective society is impossible without getting rid of basic social maladies, he added.
He said judges should discharge their duties passionately, honestly and commitment to ensure that cheap and speedy justice was being dispensed. Earlier addressing at a reception held in his honour the Chief Justice of Pakistan called upon United Nations to give Kashmiris their right to self-determination in accordance with the world body’s resolutions.
Non implementation of UN resolutions is a big question-mark on the performance of the world body, he said. Addressing the Judicial Conference Chief Justice of Azad Jammu and Kashmir Justice Muhammad Azam Khan said that an effective judicial system was imperative for peace and security in a society.
“The standard of justice depends on the competency and positive attitude of judges besides help and cooperation from bar” he said.
He said legal education was part of judicial system and added that training of judges was also part of legal education. He lamented that there was no reasonable system for the training of judges in Azad Kashmir.
“We have to request Federal Judicial Academy for the training of civil and district judges and Qazis of AJK. This is one of the reasons of delay of cases in the State. There are also complications in law which can be simplified through amendment to ensure speedy disposal of cases” he said.
He cited shortage of judges as another cause of pending of cases. The cases keep piling up with every passing day due to shortage of judges. There is neither adequate number of judicial employees due to paucity of funds in the State, he maintained. “Notices and summons are not served in time due to shortage of judicial employees that leads to delay of cases. There is also need of restructuring of police investigation system. The cases could not be disposed of in time and on merit due to untrained police investigation officers” he noted.
He was of the view that police officers attached with investigating agencies should be working separately. The police officers, due to other assignments, could not complete the investigations in time that results into the delay of the case. The Chief Justice also pointed out that there was no forensic science laboratory in AJK.
Lawyers’ getting stay orders on the cases from lower courts to SC was another reason of delay in the disposal of the cases, he pointed out. Stay orders should not be given unless it was indispensable.
Addressing on the occasion Chief Justice High Court Justice Ghulam Mustafa Mughal told the conference that the number of pending cases in AJK was much less comparing to Pakistan’s provinces. He said number of pending cases in High Court, Shariat Court and lower courts was 45350 which was much less than Punjab and other provinces. “It was the basic responsibility of judiciary to provide justice to the people.
If justice system is not working efficiently it can cause chaos in the society” he said. He said people pin great hopes and expectations with their judiciary therefore judges should be impartial and role model. Speedy justice is impossible until all the institutions cooperate with each other.
Later AJK Chief Justice Muhammad Azam Khan presented a shield to Chief Justice of Pakistan Anwar Zaheer Jamali. The conference was attended by Judges of SC, HC, Shariat Court, district and session courts, district and tehsil Qazis, Advocate General AJK, Chairman Bar Council, Presidents SC and HC bars, Presidents central and district bars as well as IGP Bashir Memon